News Media Interviews: Asset or Liability For Legal Claims?
Page 1
News Media Coverage:
Asset or Liability For Legal Claims?
A Television, Radio, Newspaper & Online Media Interview
Guide for Victims & Survivors of Serious Accidents
Davis Law Group, P.S.
2101 Fourth Avenue
Suite 1030
Seattle, WA 98121
206-727-4000
www.DavisLawGroupSeattle.com
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transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the author.
News Media Interviews: Asset or Liability For Legal Claims?
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Copyright © 2016 by Davis Law Group, P.S.
All rights reserved. No part of this document may be reproduced, stored in a retrieval
system, or transmitted by any means, electronic, mechanical, photocopying, recording, or
otherwise, without written permission from the author.
Copyright © 2016 by Davis Law Group, P.S. All rights reserved. No part of this document may be reproduced, stored in a retrieval system, or
transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the author.
News Media Interviews: Asset or Liability For Legal Claims?
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Table of Contents
News Media Coverage: An Asset Or Liability For Legal Claims?............................................................... 4
Should I Talk To A Reporter After My Accident? ....................................................................................... 4
What Kinds Of Accidents And Disaster Stories Are 'Newsworthy'? ........................................................ 5
Who Do Reporters Want To Interview? ................................................................................................... 6
Cons: When NOT To Talk To The News Media ...................................................................................... 7
Pros: When You Should Talk To The News Media ................................................................................. 8
Interview Locations: Where To Talk To The Media ................................................................................ 9
Before An Interview ................................................................................................................................. 9
Looking For An Attorney That Can Strategically Manage Media Relations For Your Legal Claim ......... 10
Important Media Experience Questions .................................................................................................. 10
Law Firm Media Relations/Management Services ..................................................................................... 13
Strategic Media Planning ........................................................................................................................ 14
24/7 Media Support................................................................................................................................. 14
Media Request Management................................................................................................................... 14
Press Conferences / Events ..................................................................................................................... 15
Statement to the Press ............................................................................................................................. 15
Interview Training .................................................................................................................................. 15
In-Person Interview Support ................................................................................................................... 16
Media Buffer ........................................................................................................................................... 16
Clipping Service...................................................................................................................................... 16
Davis Law Group’s News Media Management Experience ....................................................................... 17
Christopher M. Davis .............................................................................................................................. 17
Mischelle Davis ...................................................................................................................................... 18
Contact Davis Law Group ...................................................................................................................... 18
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News Media Interviews: Asset or Liability For Legal Claims?
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News Media Coverage: An Asset Or Liability For Legal Claims?
Summary: This article covers the news media who, what, when, why, and where of victim /
survivors of interviews. In addition, it outlines specific pros and cons that news media
coverage may have on the outcome of potential legal claims. It also addresses the type of
media management services that a law firm which has extensive media experience should
provide for clients for whom media coverage is a serious consideration.
Should I Talk To A Reporter After My Accident?
In today’s fast-paced media world reporters don’t
often get the luxury of time to analyze facts, check
their sources or investigate the accuracy of
information that is given to them. News outlets
are in competition with one another for ratings
and advertising dollars. Sometimes pressure from
media executives to have a ‘great story’ or
‘exclusive interview’ may cause reports to jump to Davis Law Group client Michelle Tribble on a
conclusions; omit critical details; take information
segment of CNN's Anderson Cooper 360.
out of context; or sensationalize the story---all of which could have a serious, potential
impact on public perception of the events
and the value of your legal claim.
If you, a family member or someone you know
has been involved in a serious accident,
catastrophic event, fatality incident or major
disaster the news media may contact you. But if
the circumstance of the case are such that you or
Jeanette Cunningham, a Davis Law Group client,
discusses how a pit-bull viciously attacked her.
a family member may have a potential legal
claim for injuries, damages, or other harms and
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News Media Interviews: Asset or Liability For Legal Claims?
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losses then you may want to think twice before agreeing to an interview. It may be wise
to delay speaking to the news media until you
have had a chance to discuss your legal options
with an attorney. A media-savvy attorney can
help determine the best course of action.
Thanks to the Internet, news stories can be
searched, found and read long after the accident or
incident is past. Inaccurate information, 'misspeaks', mistaken ideas, or speculative (guessing)
Davis Law Group client Labeeba Alim discussing
her accident on KOMO4 news.
statements that turned out to be false can live
forever in a Google-driven world. Anyone--even
insurance companies, investigators, attorneys, judges, and jurors--can find those stories.
Erroneous information can shape the opinions of those who are in a position to determine
a settlement or judgment amount that they believe will fairly compensate you or your
family.
The only way to make sure that media interviews are an asset rather than a liability is to
NOT give interviews until the true facts are known and your legal rights are protected
by excellent, experienced legal representation----experience that should include working
with the news media.
What Kinds Of Accidents And Disaster
Stories Are 'Newsworthy'?
The news media considers almost any serious
accident story newsworthy. But whether or not
a particular story makes the news depends
heavily on what other events of the day may be
considered to be more newsworthy. A major,
Skagit River Bridge collapse, a Davis Law Group case.
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News Media Interviews: Asset or Liability For Legal Claims?
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national, or international story can dominate the news for days or weeks---pushing other
stories, which would normally be front-page or lead story news, into the background. But
generally the following types of stories get noticed by reporters.

Accidents that happen in community or in places that are familiar to the general
population.

Incidents that occur under circumstances
that are common to most people.

Hazardous
happenings
caused
by
something that would/should be a public
safety
concern
to
others
or
the
community at large.

Tragic, fatal incidents which result in
serious or fatal injuries to innocent
people.

Events that are rare occurrences or which
This Davis Law Group client discusses the tragic
death of his brother on KOMO4 news.
happened under unusual circumstances.

Incidents that were caused by the gross negligence or wrongdoing of a business,
corporation or governmental entity.
Who Do Reporters Want To Interview?
Serious accidents are big news stories for
newspaper, television, radio, and online news
media. In the hours, days, weeks, and sometimes
even months or years following a major accident
or incident reporters will want to get survivor
stories; first-hand accounts from witnesses;
reactions from the community at large; and
emotional responses from family members that
CNN’s Anderson Cooper interviews attorney Chris
Davis for a segment on wrongful death legal claims.
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News Media Interviews: Asset or Liability For Legal Claims?
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have lost a loved-one. Depending on the type of event or the seriousness of the incident
members of the media may also want to talk to first responders, law enforcement officers,
public officials, industry leaders, or legal experts. If there is a potential legal claim,
reporters may want to speak to the attorney representing victims or their families.
Before you decide whether or not to talk to the media, consult with an attorney that has
experience managing media coverage of an accident and the associated legal claims.
In many cases it is better if neither victim/survivors nor attorneys give any interviews
related to a serious accident and the corresponding legal claim.
Cons: When NOT To Talk To The News Media
You do not have to talk to the media if you are
not comfortable or wish to maintain your
privacy. Do not let anyone talk you into an
interview. You do not have to give interviews
just because reporters want to talk about your
story. In many cases it is better to make no
statements or for your attorney to speak on your
behalf.

Don't talk to the media if you do not
have a
media
plan
that
has
been
specifically designed for your case.

Do not talk with a reporter unless your
attorney or someone from his office is
present.

Attorney Chris Davis during a TV news interview.
Never talk to a reporter when you don't have a clear understanding of the story
angle or questions that may be asked.
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News Media Interviews: Asset or Liability For Legal Claims?

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Do not talk to reporters immediately
before or during a jury trial unless it has
been authorized by your attorney.
Again, your attorney and/or his public relations
manager should evaluate any and all media
opportunities to determine if it is the right time
to talk to the press; if the opportunity or outlet is
Attorney Chris Davis during a CNN interview.
right for your story; and can help prepare you
for your interview.
Pros: When You Should Talk To The
News Media
Print and broadcast media are powerful,
influential and reach people in all walks of
life.
Millions of people who read daily
newspapers; listen to talk radio shows; watch
the evening news on television; and who read
online newspapers, magazines and trade
journals. By working with the media in the
Attorney Chris Davis during a media swarm outside of
a courtroom immediately following a hearing in a
wrongful death case.
right way, you can:

Tell your side of the story;

Publicly honor the memory of a loved
one;

Set the story straight---to protect your
reputation
or
the
reputation
of
someone you love;

Try to prevent similar accidents from
Attorney Chris Davis during a news talk radio interview
with Seattle media personality Ken Schram.
happing to anyone else;
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News Media Interviews: Asset or Liability For Legal Claims?

Help raise awareness about important public safety issues;

Help influence elected officials and public policy;
Page 9
Interview Locations: Where To Talk To The Media
There are many different locations to hold an interview or press conference. The location
and time of the interview or conference may be decided based on a number of
considerations. Some of the possibilities may include:

An interview conducted in a conference-call style over the phone with you, your
attorney, and the reporter.

An interview conducted at the TV or radio
station, in your home, or your attorney's
office.

Reporters may also approach you outside
of court following a legal proceeding. This
can feel like a media swarm and be very
intimidating to someone who has never
Attorney Chris Davis during a media swarm
outside of a courtroom immediately following
a hearing in a pit-bull mauling case.
encountered such an experience.

If it is useful in your case and you agree, we may hold a press conference at a local
meeting room or hotel.

A nationally televised interview may take place in a local soundstage and feed via
satellite uplink to the appropriate media agency.
Before An Interview
If your attorney and his public relations manager determine that an interview is
appropriate in your case, you should be fully briefed in advance---to discuss the interview
strategy. This discussion will cover the kind of story that the reporter is trying to create;
what key points should be made during your interview; what topics should not be
discussed during your interview; what questions are best answered by your attorney; etc.
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Again, in many cases it is better if neither victim/survivors nor attorneys give any
interviews related to a serious accident and the corresponding legal claim.
Corporate Wrongdoing: Bad Press vs. Confidentiality Agreements
For cases involving businesses or corporations negotiation leverage may be gained by
either giving interviews to the media or agreeing to a confidentiality agreement that would
prohibit publicly discussing the case. Again, discuss the pros and cons with your attorney
and his public relations manager.
Looking For An Attorney That Can Strategically Manage Media
Relations For Your Legal Claim
If you are an injury victim whose story is
considered ‘newsworthy’ by the media, a law
firm’s media relations capabilities may be an
important factor in your attorney selection
process. While you are researching attorneys
online specifically look for signs that they have
media experience such as: links to articles in
which clients or attorneys have been featured or
quoted AND videos of actual television news
Attorney Chris Davis on KING5’s Upfront With
Robert Mak discussing the legal rights of accident
victims following a disaster.
interviews. Are there any? A few? A lot?
You may also want to search the law firm website for mentions of in-house media relations
services.
Important Media Experience Questions
You may be wondering what sort of questions to ask about media relations as you are
interviewing law firms and attorneys. Here are a few suggestions:
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News Media Interviews: Asset or Liability For Legal Claims?

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Have any of the firm’s cases ever appeared in the news while the client was
represented by the firm? “While the client was represented by the firm” is an
important distinction. Many attorneys have likely represented victim’s whose
accident story was in the news BEFORE the firm represented them. If the news
media coverage happened BEFORE the firm was involved, then the attorneys and
their staff played no role in orchestrating the interviews.

If yes, then how many of the attorney/firm’s cases have appeared in the news
in the last year? How many overall? How much experience the firm has with
media cases is very important. Even attorneys that have had some media exposure
may not have the extensive
experience that is necessary to
truly plan a media strategy and
truly manage media relations.

Is the attorney/firm’s media
experience local or national?

Is the firm’s media experience
in print (newspapers, blogs) or
broadcast (television and
radio)?

What are some of the stations or
publications with him you have
well-established relationships?
Who are some of the reporters
with whom you have personal
relationships?
If an attorney
cannot
answer
quickly
these
questions (and name-drop), then he
TOP: Attorney Chris Davis discussing a high-profile case
on Q13 news.
BOTTOM: An off-camera photo of the newsroom
production at Q13.
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News Media Interviews: Asset or Liability For Legal Claims?
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probably doesn’t have a lot of media real relationships with news directors and
reporters or any meaningful media experience.

What sort of media services does the attorney/firm provide? This is a question
that you should simply ask and then wait to see how well-thought-out or organized
the answer is. Remember, if you have a newsworthy case, the attorney may REALLY
want you as a client in order to increase his own exposure and cache----so he might
say anything to make it sounds like he understands the media. In their answer you
will want to hear phrases like: Strategic Media Planning; 24/7 Media Support; Media
Request Management; Interview Training/Practice; In-Person Interview Support;
Media Buffer; and/or Clipping Service (all of these are explained later in this
document).

What sort of media training or interview tips would you give to me should I
need to prepare for an interview?

How would you know which stories, reporters or media outlets are right for
my story?
If the attorney’s answer doesn’t include pre-screening media
opportunities; finding out the focus or ‘angle’ of the story; hand-selecting reporters
with whom the firm has relationships; and/or mention the possibility of sometimes
turning down an interview, then he and his firm are probably not a good choice.

VERY IMPORANT QUESTION: If your firm does not have in-house media
management capabilities and needs to hire an outside public relations firm in
order to handle my case, who will be responsible for the PR firm fees and
costs? Law firms that work with outside PR firms generally consider ‘PR costs’ a
‘client case cost’ and thus the client is ultimately responsible for the PR firm’s bill.
Law Firms with in-house capabilities, such as Davis Law Group, typically DO NOT
charge
the
client
for
media
management
services.
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Law Firm Media Relations/Management Services
Very few law firms have a full-time, in-house
media relations department. Even very large,
well-established firms whose clients or
attorneys have been interviewed by the news
media in the past typically do not have an inhouse media relations manager.
Seattle-based Davis Law Group is one of the
rare exceptions. Although the vast majority of
Davis
Law
Group
clients
are
never
interviewed by reporters and their cases are
never featured in the news, the firm has inhouse media management services for its
newsworthy cases in which media coverage is
unavoidable or necessary.
media/public
relations
The in-house
team
creates
individual, case-specific media plans; handles
all
interview
requests;
provides
media
training to clients; and is be present to
provide emotional support to clients during
interviews. And an attorney is always present
when clients are interviewed by members of
the media.
The media management team also helps
clients that wish to maintain their privacy (do
not want to give interviews) by acting as a
protective buffer from the media. In many
TOP: An off-camera photo of a client being
interviewed in Davis Law Group’s offices.
MIDDLE: Client on Inside Edition discussing how she
was mauled by two pitbulls.
BOTTOM: Attorney Chris Davis on Inside Edition.
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News Media Interviews: Asset or Liability For Legal Claims?
Page 14
cases it is better for the attorney to speak to the
media on your behalf.
Here are a few of the media management services
provided by Davis Law Group:
Strategic Media Planning
Attorney Chris Davis discussing one of his cases
on KING5 news.
Davis Law Group creates a media plan for all
clients
with
newsworthy
cases.
Basic
plan
components included: media assessment, message map, talking points, media calendar,
press releases, media alerts, privacy requests (if you do not want to speak with the media),
media statements, sample interview questions and answers, etc.
24/7 Media Support
When our clients have unplanned contact with a
member of the media (radio, tv, newspaper,
online, blogs, etc.) they should not answer any
questions. If contacted by the media, clients
should contact our public relations manager
using a 24x7 mobile phone number. The public
relations manager then contacts the media to
gather information about the potential media
opportunity. The PR manager, the attorney, and
An off-camera photo of attorney Chris Davis
and a TV news reporter discussing one of his
high-profile cases.
the client then determine the best course of
action---to give an interview (or not), issue an official statement, etc..
Media Request Management
Davis Law Group manages media opportunities and interviews for our clients. The
lawyers and the PR team should be making choices on which media outlets, reporters and
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News Media Interviews: Asset or Liability For Legal Claims?
Page 15
stories are right for the case. Frequently our office will decline all interview requests until
and unless the client and the case are ready for media exposure.
Press Conferences / Events
A press conference is an official an
interview
given
to
multiple
journalists at one time in order to
make an announcement or answer
questions.
require
When circumstances
it,
such
as
when
participating in multiple interviews
may be too stressful for the client or
surviving family members, Davis
Law Group will organize a press
conference.
Statement to the Press
If participating in an interview
and/or answering questions may be
too stressful for the client, Davis Law
Group will assist the client in creating
TOP: Attorney Chris Davis at a press conference with a client who
lost her son due to a hospital error.
BOTTOM: An off-camera photo taken during a press conference
organized by Davis Law Group in order to prevent the client from
being subjected to multiple individual interviews.
a written statement to the press.
Interview Training
Davis Law Group helps prepare clients for interviews by giving them talking points,
interview tips, and by conducting practice interviews.
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News Media Interviews: Asset or Liability For Legal Claims?
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In-Person Interview Support
Davis Law Group prefers that our clients are interviewed
in our office. This allows us to maintain control of the
environment and easily end the interview if necessary. An
attorney and/or a member of our media team are always
present for client interviews.
Media Buffer
Our clients do not have to talk to the media if they do not
wish to do so. For many clients our job is to insulate them
The cover of Davis Law Group's
client education reports entitled
Preparing to 'Meet the Press'.
from the media. In many cases it is better for y
our attorney to speak on their behalf.
Clipping Service
Our office will gather copies (print, video, etc.) of
all media coverage related to our client’s accident
or legal claim. At the conclusion of the case we
provide clients with a complete news coverage
Attorney Chris Davis in KOMO4 news story.
archive.
Attorney Chris Davis as seen through a cameraman's monitor
during a TV news interview.
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News Media Interviews: Asset or Liability For Legal Claims?
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Davis Law Group’s News Media Management Experience
Christopher M. Davis
No other attorney in Washington State has
more experience working with the news media
than Chris Davis. Dozens of Davis Law Group
cases have appeared in local and national news
stories. Chris Davis is also a frequently soughtafter legal commentator known for regularly
appearing on television and radio news
Attorney Chris Davis interviewed by KIRO7 news.
programs to discuss his most high-profile cases and to
comment on the legal aspects of other cases in the news.
Chris Davis has appeared on television in interviews
featured on national news networks including CNN, ABC,
NBC, CBS, and FOX. He has appeared on local Seattle-area
stations such as KING5, KOMO4, KIRO7 and Q13. He has
been interviewed by respected print and online
publications such as Huffington Post, Trial Magazine, Super
Lawyer Magazine, The Boston Globe, San Francisco
Chronicle, Attorney at Law Magazine, The Seattle Times, The
Miami Herald, The Seattle Post-Intelligencer, La Raza, The
Stranger, The
News Tribune,
Seattle Weekly, and dozens of other blogs and
online news websites.
Visit Davis Law Group’s website to see videos of
TV news interviews.
www.DavisLawGroupSeattle.com
Attorney Chris Davis giving legal commentary
and opinion for KING5 news.
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News Media Interviews: Asset or Liability For Legal Claims?
Page 18
Mischelle Davis
Mischelle, Chris’ wife and Director of
Operations & Media Relations at Davis Law
Group, has more than 20+ years’ experience
in communications and media relations.
Mischelle is frequently asked to lecture at
legal conferences and to consult with law
firms across the country to advise them on
how to work with the news media.
Mischelle Davis discussing traffic safety issues and
law enforcement on KING5 news.
Building good relationships with industry
influencers and the media has always been a key part of her work. Mischelle has worked
for a number of high-tech companies such as Microsoft as a marketing and communications
professional. She has been interviewed by The Wall Street Journal, NPR, PC Magazine,
Computer Magazine, RedHerring, San Jose Business Journal, Cookie Magazine, Seattle’s Child
Magazine, The Seattle Times, The Seattle Post-Intelligencer, KING5, KOMO4, KIRO7, Q13 and
many others.
In 2007, she joined her husband at Davis Law Group to help manage media relations for
the firm and its clients. Mischelle is also a Washington State spokesperson for Mothers
Against Drunk Driving (MADD) and regularly appears on TV to discuss traffic safety
issues.
Contact Davis Law Group
If you or a loved one have been injured in an accident related to a public safety issue you
may need the assistance of an attorney---one that can also manage media relations.
Contact Davis Law Group at 206-727-4000 to discuss your legal options and a possible
media strategy.
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